{
    "case_number": "CAC-UDRP-103055",
    "time_of_filling": "2020-05-13 08:47:33",
    "domain_names": [
        "boegringer-ingelheim.com",
        "boheringer-ingelhem.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Boehringer Ingelheim Pharma GmbH & Co.KG"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Sugarcane Internet Nigeria Limited"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a German based company active in the field of human pharmaceuticals, animal health and biopharmaceuticals. The Complainant states that the company achieved sales of around 18,997 million euros in 2019.\r\n\r\nThe Complainant owns a large trademark portfolio including the trademark \"BOEHRINGER INGELHEIM\" protected in several countries, including the international registration no. 221544 dating back to July 2nd 1959.\r\n\r\nThe Complainant also owns numerous domain names incorporating \"BOEHRINGER INGELHEIM\" including <boehringer-ingelheim.com> registered in September 1st, 1995.\r\n\r\nThe disputed domain names were both registered on May 5th, 2020 and resolve to a parking page with commercial links.\r\n",
    "other_legal_proceedings": "To the best knowledge of the Complainant, no other legal proceeding has been commenced\/or is pending or decided in relation to the disputed domain name.",
    "no_response_filed": "COMPLAINANT:\r\n\r\nThe Complainant claims that the disputed domain names are confusingly similar to its prior trademark and domain\r\nname as the addition\/substitution of some letters is not sufficient to exclude confusing similarity with BOEHRINGER-INGELHEIM.\r\n\r\nThe Complainant supports its allegations citing several UDRP decisions which confirmed that misspelling of the complainant's trademark does not prevent domain names from being confusingly similar to the trademarks.\r\n\r\nFinally, the Complainant contends that TLD are disregarded when assessing confusing similarity as they are considered as standard registration requirements.\r\n\r\nThe Complainant claims that the Respondent has no rights nor legitimate interest in registering the disputed\r\ndomain name. According to the Complainant assertions, there is no evidence that the Respondent is known as\r\nthe disputed domain names or is, in some way, authorized to use the BOEHRINGER INGELHEIM trademark.\r\n\r\nFinally, the actual use of the disputed domain names is not considered a \"bona fide offering of goods or services\"\r\nor a \"legitimate noncommercial or fair use\" for the purposes of the Policy.\r\n\r\nAs regards registration and use in bad faith, the Complainant claims that since the BOEHRINGER INGELHEIM trademark\r\nis widely known, it is reasonable to infer that the Respondent has registered the disputed domain names with full\r\nknowledge of the Complainant's rights.\r\n\r\nMoreover, the fact that the domain name links to a PPC webpage is considered an additional index of use in\r\nbad faith.\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii) of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Accepted",
    "panelists": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2020-06-17 00:00:00",
    "informal_english_translation": "The Complainant proved to be the owner of the international registration no. 221544 for the trademark \"Boehringer-Ingelheim\" in classes 1, 2, 3, 4, 5, 6, 16, 17, 19, 29, 30 and 32.\r\n\r\nThe Complainant also proved to own the domain name <boehringer-ingelheim.com> registered on September 1st, 1995.\r\n",
    "decision_domains": {
        "BOEGRINGER-INGELHEIM.COM": "TRANSFERRED",
        "BOHERINGER-INGELHEM.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}